By Christopher J. Peters
Legislation usually purports to require humans, together with executive officers, to behave in methods they believe are morally flawed or destructive. what's it approximately legislations which can justify this kind of claim?
In a question of Dispute: Morality, Democracy, and legislations, Christopher J. Peters bargains a solution to this query, person who illuminates the original allure of democratic govt, the unusual constitution of adversary adjudication, and the contested legitimacy of constitutional judicial assessment. Peters contends that legislation might be seen essentially as a tool for warding off or resolving disputes, a functionality that suggests sure center homes of authoritative felony tactics. these homes - competence and impartiality - provide democracy its virtue over other kinds of presidency. additionally they underwrite the adversary nature of common-law adjudication and the tasks and constraints of democratic judges. they usually floor a safety of constitutionalism and judicial evaluate opposed to power objections that these practices are "counter-majoritarian" and therefore nondemocratic.
This paintings canvasses basic difficulties in the varied disciplines of felony philosophy, democratic idea, philosophy of adjudication, and public-law concept and indicates a unified method of unraveling them. It additionally addresses sensible questions of legislation and govt in a manner that are supposed to entice someone attracted to the advanced and sometimes dating between morality, democracy, and the guideline of law.
Written for experts and non-specialists alike, a question of Dispute explains why each one people separately, and we all jointly, have cause to obey the legislation - why democracy really is a approach of presidency below legislation.
Read or Download A Matter of Dispute: Morality, Democracy, and Law PDF
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Extra resources for A Matter of Dispute: Morality, Democracy, and Law
F. The Third Caveat: The Persistent Possibility of Morally Justiﬁed Disobedience Finally, allow me to presage here a point I will elaborate in the next chapter: Nothing in my arguments in this book will support the conclusion that legal disobedience is never morally justiﬁed. I think this would be a highly implausible position to take; it seems clear to me that disobedience to the law, even to legitimately authoritative law, sometimes will be morally justiﬁable. Otherwise we would not admire civilly disobedient ﬁgures like Gandhi and Martin Luther King.
Raz’s service conception is a normative account of law’s authority, but there has been relatively little interest within analytic legal philosophy in connecting the conceptual mechanics of legal authority to the normative questions of how law should be created and applied. 19 B. 20 The most interesting problems in political theory, for our purposes in this book, are those relating to whether, and how, democratic government can be justiﬁed as opposed to its alternatives, and to how democratic government should be structured in order to best fulﬁll its justiﬁcations.
On the Hartian view accepted by most contemporary legal positivists, a legal system is built upon a fundamental “rule of recognition” whose authority is accepted by a sufﬁcient number of those in power. To overthrow an existing legal system is, then, to overthrow its rule of recognition; it is to shatter the previous agreement regarding the authority of that rule. The history of violent resistance and revolution in nondemocratic regimes suggests that a rule of recognition ultimately must gain some acceptance among ordinary citizens or subjects, not just among legal ofﬁcials, in order to effectively support a legal system.
A Matter of Dispute: Morality, Democracy, and Law by Christopher J. Peters